Existing lawful nonconforming uses, structures, and lots shall
meet the provisions of this article, and those located within floodplains,
shorelands, and shoreland-wetlands shall also comply with the City
floodplain, shoreland, and shoreland-wetland regulations, whichever
are more restrictive.
For purposes of this article, the following definitions shall
apply:
DEVELOPMENT REGULATIONS
The part of this article that applies to elements including
setback, height, lot coverage, and side yard. Statutory reference: § 62.23(7)(hb)(1)(a),
Wis. Stats.
The lawful nonconforming use of land or water; or a lawful nonconforming
use in a conforming structure; or a lawful nonconforming use on a
conforming or nonconforming lot that existed at the time of the adoption
or amendment of the Zoning Ordinance for the City of Burlington, Wisconsin,
may be continued although the use does not conform with the provisions
of this chapter; however:
A. Only that portion of the structure, fixture, land or water in actual
use may be so continued and the nonconforming use may not be extended,
enlarged, reconstructed, substituted, or moved, except when required
to do so by law or order or so as to comply with the provisions of
this chapter.
B. If such nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the structure, fixture, or premises
shall conform to the provisions of this chapter.
C. When a structure with a nonconforming use is damaged by violent wind,
vandalism, fire, flood, ice, snow, mold, infestation, or other calamity
to the extent of more than 50% of its equalized assessed value, it
shall not be restored except so as to comply with the use provisions
of this chapter.
D. Total lifetime structural repair or alterations to a building, structure,
fixture or premises containing a nonconforming use shall not during
its life exceed 50% of the equalized assessed value of the building,
premises, structure, or fixture unless it is permanently changed to
conform to the use provisions of this chapter. Ordinary maintenance
repairs are not considered structural repairs, modifications, or additions.
Some examples of such repair include painting, caulking, decorating,
paneling, and other nonstructural components; and the repair or replacement
of doors, windows, utilities, sewage treatment, and water supply systems.
E. Substitution of new equipment may be permitted by the Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
The conforming use of a conforming structure existing at the
time of the adoption or amendment of this chapter may be continued
although the lot area and/or width does not conform to the requirements
of this chapter.
A. Additions and enlargements to such structures are permitted provided
they conform to the established yard/setback, height, parking, loading,
access provisions, and other development regulations of this chapter,
other than minimum lot dimensional requirements.
B. Existing structures on nonconforming lots that are damaged or destroyed
by violent wind, vandalism, fire, flood, ice, snow, mold, infestation,
or other calamity may be reconstructed provided they conform to the
established yard/setback, height, parking, loading, access provisions,
and other development regulations of this chapter, other than minimum
lot dimensional requirements.
Once a nonconforming use has been changed to a conforming use
or a substandard structure has been altered so as to comply with this
chapter, it shall not revert back to a nonconforming use or substandard
structure. The Zoning Board of Appeals may permit the substitution
of a more restrictive nonconforming use for an existing nonconforming
use. Once the Zoning Board of Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the prior existing use shall lose its status as a legal nonconforming
use and the substituted use shall become subject to all the conditions
required by the Zoning Board of Appeals.
Modifications or additions to any nonconforming use or structure and to the use of any structure or premises in the FW, GFP and/or FFO Districts which were lawful before the passage of the ordinance adopting these provisions or any amendment thereto shall adhere to Chapter
119, Article
VI. Modifications and additions include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding, or replacement of any such existing use or structure. Maintenance is allowed and is not considered a modification, which includes painting, decorating, paneling, and other nonstructural components and the maintenance, or repair, of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
The repair, reconstruction, renovating, remodeling, restoration,
or expansion of a legal nonconforming structure, or any environmental
control facility related to such structure located in shoreland-wetlands
(of five acres or more in size) and in existence at the time of adoption
or subsequent amendment of this article may be permitted in accordance
with the provisions of § 62.23 (7)(hc), Wis. Stats.